Delimitation and Women Reservation

Syllabus:

GS 2:

  • Issues and challenges pertaining to federal structure
  • Statutory , regulatory and Quasi-Judicial Bodies

Why in the News?

The upcoming Census, expected to conclude by 2026, has revived discussions on two critical exercises: constituency delimitation and the women’s reservation in legislative bodies, reshaping India’s electoral landscape with major political and constitutional implications.

Delimitation and Women Reservation

Delimitation Process

  • Timeline Context: With the Census projected for completion by 2026, the government aims to finalize delimitation in time for the 2029 Lok Sabha election, potentially affecting seat distribution.
  • Definition of Delimitation: Delimitation involves adjusting or redrawing constituency boundaries based on population shifts, overseen by a Delimitation Commission, to ensure fair representation.
  • Historical Background: Despite seven Censuses since Independence, delimitation has only occurred four times, last in 2002, focusing on boundary adjustments without altering the seat count since 1976.
  • Seat Count Stagnancy: Lok Sabha’s 543 seats and state assemblies’ 4,123 seats were based on the 1971 and 2001 Censuses, with anticipated increases based on India’s growing population.
  • Anticipated Seat Increase: With an expected population nearing 1.5 billion, the 2021 Census may drive a substantial increase in parliamentary and assembly seats, reflecting demographic shifts.

About Delimitation Commission

  • Role and Establishment: The Delimitation Commission of India, set up under the Delimitation Commission Act, is responsible for redrawing the boundaries of legislative and Lok Sabha constituencies based on census data.
  • Current Basis: The current delimitation was conducted using the 2001 census data, as per the Delimitation Act of 2002.
  • Independent Authority: As an independent body, the Commission’s orders are legally binding and cannot be challenged in any court.
  • Finality of Orders: Commission orders are presented to the Lok Sabha and State Assemblies but cannot be modified.
  • Next Delimitation: The next delimitation exercise is scheduled post-2026, in line with legal stipulations.

Constitutional Changes

  • Article 82 Directive: This article mandates boundary adjustments post-Census, enabling Parliament to redraw constituencies for balanced representation aligned with population changes.
  • Amendments in 1976 and 2001: The 42nd Amendment froze delimitation until after the 2000 Census, later extended by the 84th Amendment to defer changes until after the 2026 Census.
  • Article 170 Clause: This clause defines population metrics for dividing constituencies, referencing the most recent Census, now set to rely on the 2021 Census figures.
  • Amendment Necessities: For timely delimitation, amendments to Articles 82, 81 (Lok Sabha composition), and 170 (state assemblies) are needed, aligning seat allocation with updated demographics.
  • Legal Complexities: Legal adjustments are crucial to facilitate the delimitation process by the next Lok Sabha election, necessitating a coordinated legislative effort.

Political Challenges

  • Regional Imbalance Concerns: Northern states with higher population growth may gain more seats, raising concerns in southern states that have effectively managed population control.
  • Regional Resistance: Southern states’ opposition stems from potential seat losses, as allocation based solely on population may disadvantage areas with slower growth.
  • Consensus Building: Building political consensus is critical, especially in framing delimitation criteria balancing population, geographic boundaries, and existing administrative units.
  • Party Majority Dynamics: With the BJP short of an absolute majority, coalition partners’ support is crucial for passing delimitation-related amendments in Parliament.
  • Population Incentives Debate: Regional leaders, like Andhra Pradesh, are considering population incentives, underscoring regional demographic concerns influencing political stances on delimitation.

Women’s Reservation

  • Constitutional Amendment: The 128th Amendment mandates 33% women’s reservation in Lok Sabha and state assemblies, contingent upon the delimitation process, reinforcing gender representation.
  • Delimitation Dependence: The quota’s implementation hinges on post-Census delimitation, ensuring seats are allocated for women only after constituency reorganization based on updated population data.
  • Historical Delay: For decades, male leaders resisted reservation due to potential seat losses, with delimitation now offering a balanced path for implementing women’s quota.
  • Enhanced Representation Potential: If Lok Sabha seats increase to 770 post-delimitation, 257 would be reserved for women, reducing opposition from male leaders facing fewer seat reductions.
  • Easing Political Tensions: Increasing seat numbers post-delimitation could ease political accommodations, preserving male leaders’ positions while fulfilling the 33% women’s reservation goal.

Way Forward for Women’s Reservation

  • Swift Delimitation Process: Accelerating the Census and delimitation process will enable timely implementation of women’s reservation, ensuring the policy is in place for future elections.
  • Legislative Amendments: Amending necessary articles (e.g., Articles 81, 82, and 170) will solidify legal backing for reservation, supporting long-term gender representation in legislative bodies.
  • Capacity Building Programs: Empowering women through training and leadership programs can enhance their participation in politics, strengthening their roles in decision-making positions.
  • Political Party Mandates: Encouraging parties to reserve candidacies for women even before formal delimitation could create momentum and normalize female representation in all governance levels.
  • Regular Monitoring & Evaluation: Establishing a monitoring framework to assess the impact of women’s reservation will ensure accountability, helping address gaps and improve future implementation.

Conclusion

As India prepares for the upcoming Census, delimitation and women’s reservation emerge as transformative milestones in its democratic landscape. Achieving constitutional, political, and logistical alignment is vital to ensure fair representation and gender inclusivity in legislative bodies.

Mains Practice Question

Analyze the implications of the proposed delimitation process and women’s reservation on India’s electoral system. Discuss potential benefits, challenges, and required constitutional amendments to support fair representation.

Associated Articles:

https://universalinstitutions.com/delimitation-commission/